SUPPORTS ITEM NO. 1 VLLC JULY 24, 1997 ADMINISTRATIVE REPORT Date: July 3, 1997 File: 3135 W. Broadway C.C. File: 2613-4 TO: Vancouver Liquor Licensing Commission FROM: Chief License Inspector SUBJECT: 3135 West Broadway: Restaurant-Class 2 E.D.M. Enterprises Ltd. (Culpepper s Restaurant) CONSIDERATION A. THAT the Vancouver Liquor Licensing Commission endorse the application by E.D.M. Enterprises Ltd., -- doing business as Culpepper's Restaurant -- for a Restaurant-Class 2 at 3135 West Broadway, having considered the concerns of neighbourhood residents and business operators, subject to the following conditions: i) a time-limited development permit being issued on the site, subject to annual renewal; ii) a 10:00 p.m. patio closing time; or B. THAT the Vancouver Liquor Licensing Commission advise the Liquor Control and Licensing Branch it does not support the request by E.D.M. Enterprises Ltd. -- doing business as Culpepper's Restaurant -- for a Restaurant-Class 2 at 3135 West Broadway. GENERAL MANAGER'S COMMENTS The General Manager of Community Services submits the choice of A or B for CONSIDERATION. COUNCIL POLICY Council Policy requires that new liquor license applications or a time limited development permit and amendments to existing licenses be subject to a referendum if the premises are located in close proximity to residential accommodation. PURPOSE E.D.M. Enterprises Ltd., -- doing business as Culpepper's Restaurant -- is requesting a City Council resolution endorsing their request for a Restaurant-Class 2 at 3135 Broadway. BACKGROUND There are two Culpepper's Restaurants in Vancouver; one at 3135 West Broadway, to which this application refers, and the other at 4450 West 10th Avenue. The restaurant is currently licensed as a Restaurant-Class 1. The subject premises are located in a C-2C zoning district. The surrounding area comprises one and two family residences directly to the north of the subject site, a 22-unit apartment block to the east, a billiard hall, senior's centre and a community/day care centre (Appendix A). There are approximately four licensed restaurants in the area and a government liquor store located at 2083 Alma Street. DISCUSSION In March 1996, we received a complaint regarding noise related to live music and dancing at this location. An inspection revealed that a five-piece band with amplified music was providing entertainment for patrons. The manager was asked to cease this activity and to apply for a Restaurant-Class 2. Subsequent inspections revealed compliance with the by-law. The theme of the restaurant is Celtic-Irish, and from time-to-time background music has been provided by a folksinger. The request for a Restaurant-Class 2 endorsement is to allow for up to four entertainers and the use of amplification on Friday and Saturday nights. The proposed entertainment would include singing of Irish-Celtic ballads, guitars and other appropriate musical instruments performed from a small elevated dining area where the tables and chairs have been removed. There would be no change from the present capacity of 176 seats in the dining area, 26 seats in the holding area and a 16-seat patio. The hours of operation would decrease by one hour from 11:00 a.m. to 1:00 a.m. to 11:00 a.m. to 12 midnight as the Liquor Control & Licensing Branch regulations allow a maximum closing time of 12 midnight if entertainment is provided. COMMENTS The Police Department has no objection to the change in the license as Culpepper's is a well-run restaurant. The Planning Department advises that any proposal to provide a Restaurant-Class 2 would require a development permit. The review of this application would include an assessment of the anticipated impact on neighbouring sites, in particular the residential area to the immediate north. The Health Board recommends approval for a one year trial period, subject to the maximum seating permitted on the health permit. If renovations are planned, additional washrooms will be provided. The Social Planning Department has no comment. The Housing Centre is concerned about the possible increased noise the residents of the 3100 even block West 8th Avenue would experience as a result of amplified music and more than two musicians. CONCLUSION Subject to the response from the neighborhood notification, staff recommends that this application be endorsed for a one year trial period with renewal subject to a review of neighborhood impacts. * * * * * APPENDIX A on file in City Clerk's Office